batavia

A Batavia man admitted in Genesee County Court today that he possessed a forged insurance check as part of a plea deal that could have him serve a six-month intermittent sentence and a period of time on probation.

Sentencing on the charge for Ryan Shrauger, 41, of 6 Hull Park, Batavia, was set for Oct. 26.

Shrauger was initially charged in Batavia City Court on Aug. 18 with two counts of possession of a forged instrument, two counts of forgery and two counts petit larceny. On Aug. 22, Shrauger was charged in city court again with new counts of possession of a forged instrument.

Today, Shrauger told Judge Robert Noonan that he possessed an insurance check on June 27 in the amount of $900 that belonged to another person, and that he knew the signature on the check was forged.

The admission satisfies the other forgery charges.

On July 28, Shrauger was arrested on a arrest warrant out of city court and allegedly found in possession of cocaine and drug paraphernalia. He was charged with criminal possession of a controlled substance, 7th, and criminal use of drug paraphernalia, 2nd.

Those charges are still pending. 

Shrauger remains in jail on $10,000 cash or bond bail.

A person on a bike reportedly ran into a pole on West Main Street near Woodrow Road and sustained an injury.

The description of the bike reportedly matches one stolen earlier from a trailer park on West Main Street.

City fire is on scene with Mercy EMS and police are responding.

It's official -- it's a tie.

Batavia Downs officials announced late this afternoon that, after spending hours reviewing all available pictures and video of the 2011 Wiener Dog Race, the final match ended in a dead heat.

Lindsay Ryan, owner of first-year runner Gordon, will receive $200 in free play at the casnio. 

After Sunday afternoon's race, when Jake Arnold, owned by Jane Smart, was declared the winner, Smart received the $200 in free play prize.

Hours after the race, evidence began to surface suggesting that Jake Arnold wasn't a clear-cut winner, leading Batavia Downs officials to delay certifying the race results.

A rematch is in the works, tentatively set for Sept. 24. Officials are waiting from confirmation from the Jake Arnold camp.

“It’s simply too close to call," said Todd Haight, general manager of live racing. “I know there is video out on the Internet that appears to show Gordon in front, but our official photo-finish camera shows both dogs hitting the line simultaneously. So in all fairness a dead heat was the right way to go.”

The rookie Gordon came a breath away from upsetting defending champion Jake Arnold.

In a statement released by Batavia Downs, Lindsay Ryan said, "We came to the dog races because we wanted to get my friend's mom, who has cancer, out of the house. We knew Gordon would run his heart out for her and he did. She had so much fun. I am so happy with how things turned out." 

James R. Straub, 37, of Stoneham, Mass., is charged with DWI and refusal to take a breath test. Straub is accused of driving a golf cart on a public road while under the influence of alcohol. Witnesses contacted dispatch at 8:40 p.m. Sunday to report that a man in a "clown suit" (as the photo shows, more like a wild golf outfit) had taken off in a cart owned by Terry Hills and was heading toward the City of Batavia on Clinton Street Road. Straub was eventually located at a residence in the city where he was taken into custody by Deputy Bradley Mazur. Straub was arraigned in Town of Batavia Court and committed to the Genesee County Jail without bail. Straub is reportedly out on $500. Batavia PD assisted in the investigation.

Douglas Brian Uberty, 39, of South Street Road, Le Roy, is charged with two counts of disorderly conduct. Uberty was taken into custody by Deputy James Diehl following an investigation into reports of a man in the Target store at 7:30 p.m., Aug. 17, attempting to look up the shorts and skirts of women in the store. Uberty is also accused of peeping over the wall of a fitting room in the women's department.

Shawn Dowain Phillips, 18, of Bartlett Street, Rochester, is charged harassment as a violation. Phillips is accused of dragging a person outside and punching the person in the face. The incident was reported at 1:44 a.m., Sunday.

Rexine Evelyn Johnson, 45, of Seldon Road, Le Roy, is charged with harassment, 2nd. Johnson is accused of pushing a female friend twice.

Vincente Antonio Torres, 20, of Willowen Drive, Rochester, is charged with DWAI, speeding (63 mph in a 40 mph zone) and driving out of class. Torres was stopped at 2:48 a.m., Saturday, on Main Street Road, Batavia, by Deputy Howard Carlson.

Ryan Andrew Grady, 20, of Pearl Street, Lancaster, is charged with unlawful possession of marijuana. Grady was found to allegedly possess marijuana while in the parking lot at Darien Lake at 11 p.m., Aug. 7, by Deputy Brian Thompson. 

A 17-year-old of Black Street, Sloan, is charged with unlawful possession of marijuana. The youth was charged after allegedly being found with marijuana while in a car parked at Darien Lake Theme Park by Deputy Brian Thompson.

Paul Anthony Swartz, 36, of Route 20 A, Orchard Park, is charged with unlawful imprisonment, 2nd. Swartz was arrested in Darien on a warrant out of Tonawanda. Swartz was turned over to Town of Tonawanda Police.

Charnika Darshae Givens, 19, of Northumberland Avenue, Buffalo, is charged with petit larceny. Givens is accused of shoplifting from the gift shop at Darien Lake Theme Park at 5:30 p.m., Aug. 6.

The Batavia Bulldawgs Youth Football Team sold raffle tickets for a 2011 Johnny Pag Spyder motorcycle provided by Grease Lightning. The tickets were $40 each and only 150 were sold.

The winner was Chris Schafer of West Falls (He was not present.)

More pictures of the game can be found here.

Officials are reviewing the photo finish of the Wiener Dog Race at Batavia Downs on Sunday afternoon.

The official results will be announced Monday morning, according to Todd Haight, general manager of live racing.

Haight said he wants to review the photos more closely and talk with officials who were in the upstairs booth to better understand what they saw.

A handful of people on the ground after the race thought Gordon won, but a ruling came from the upstairs booth that Jake Arnold had pulled out another victory.

Haight released photos of the finish that seem to show Gordon, owned by Lindsay Ryan, beating odds-on favorite Jake Arnold (wearing pink and #7) by a head. Jake Arnoald is owned by Jane Smart.

"I feel bad for Jane and Jake Arnold, but as of right now it appears Gordon won by a head," Haight said.

If the results are overturned, Arnold will have failed at his try at a threepeat. If Gordon is declared the winner it will be a major upset for the first-time competitor.

Photo below: Gordon and Lindsay Ryan.

Previously: Wiener Dog Races: Jake Arnold does it again

A person dressed in a clown suit is believed to have stolen a golf cart at Terry Hills Golf Course just a few moments ago. Staff tried following the person down Clinton Street Road and it is believed he or she may have fled into a nearby field.

Law enforcement is responding.

UPDATE 8:49 p.m.: The brother-in-law of the suspect along with the suspect himself are speaking with law enforcement now at a residence on Clinton Street.

UPDATE 11:18 p.m.: Race results are under review.

For the third-straight year Jake Arnold bested a large field of eager wiener dogs -- and some not so eager -- to take the 2011 Wiener Dog Race championship title.

A large crowd of wiener dog race enthusiasts were on hand to cheer for their favorite hungry little dachshund.

Jake Arnold, a 4-year-old owned by Jane Smart, won the big race in a photo finish, beating out first-year entrant Gordon, owned by Lindsay Ryan, and long-time rival Rudy, an 8-year-old owned by Ron Schiller.

Rudy, a previous race winner, finished second ton Jake Arnold for the previous two years.

In all, 63 elongated canines raced at the Downs on today.

More photos in the slide show below (if you have trouble viewing the slide show, click here.) 

To purchase photos from this event, click here.

An argument in a back yard on Central Avenue over clothes led to two people being charged with harassment, 2nd, including one woman accused of striking a man with a baseball bat.

Arrested and released on appearance tickets were Paul C. Wapniewski, 55, of 410 Ellicott St., Batavia, and Cheryl M. Lyons, 45, of 14 Vine St. Batavia.

Lyons is accused of hitting Wapniewski with the bat after Wapniewski allegedly shoved Lyons' mother.

The arguement broke out around 7 p.m., Saturday.

Officer Marc Lawrence investigated the incident.

The driver says it was Saturday morning's fog that caused him to miss a stop sign on Freeman Road, South Byron, but that didn't stop a deputy from charging him with DWI.

Charged was Brian R. Dilcher, 25, of Clinton Street Road, Batavia, who was also cited for alleged failure to stop for a stop sign.

Dilcher was eastbound on Freeman Road at 5 a.m. in a 1994 GMC pickup when he allegedly went through the sign at Coward Road, Byron.

His truck struck a Verizon utility box and then a tree.

Dilcher suffered minor injuries, but did not require ambulance transport.

The accident was investigated by Deputy Eric Seppala.

A driver who said she didn't see another car coming, attempted to make a U-turn on Route 5 near Powers Road, Batavia, leading to a two-car accident. This happened at 6:19 p.m., Friday.

The drivers of both cars suffered non-life threatening injuries and were transported to UMMC by ground ambulance.

Amanda M. Scherer, 18, of Beach Road, Cheektowaga, was driving west on Route 5 when she attempted the U-turn. Her car was struck in the back left quarter panel by a 1999 Honda SUV driven by Mary F. Doktor, 49, of Boyce Road, Corfu.

Scherer, who was driving a 2011 Toyota sedan owned by West Herr Toyota in Williamsville, was cited for allegedly making an illegal U-turn.

Steven J. Raimondi, 18, a passenger in Scherer's car, was not injured.

The accident was investigated by Deputy Brad Mazur.

Press release:

Please be advised that Batavia City Council will hold a meeting with the Batavia Town Board on Wednesday, Aug. 31. It will begin at 7 p.m. at the Batavia Town Hall, 3833 W. Main St. Road, to discuss the City / Town Charter Task Force consultant's recommendation.

Two Rochester residents were charged with various offenses Thursday after the Local Drug Enforcement Task Force initiated a traffic stop on the car they were in.

Arrested where Abdullah H. Shareef, 30, of Locust Street, and Michael D. Brewer, 41, of Grand Avenue.

Shareef was charged with unlawful possession of marijuana, aggravated unlicensed operation, 3rd, plus unregistered, uninsured and uninspected motor vehicle.

Brewer was charged with unlawful possession of marijuana.

Both suspects were issued appearance tickets.

Sara K.L. McCabe, 26, of Lincoln Avenue, Le Roy, is charged with felony DWI, aggravated DWI (children under age 15 in the car), driving without an interlock device and consumption of alcohol in a motor vehicle. McCabe was stopped by Le Roy Police on Thursday after a witness complained of seeing a person in a car consuming alcohol. McCabe was jailed on $10,000 bail.

Geoffrey Charles Saxton, 28, of North Byron Road, Elba, is charged with DWI, driving with a BAC of .08, failure to reduce speed and moving from lane unsafely. Saxton was charged following a one-car accident at Mullen and Morganville roads, Stafford, at 11:59 p.m., Monday.

Shuvon J. Williams, 36, of 5 Lewis Place, Batavia, and Rochelle V. Tomlin, 35, of 2 Lewis Place, Batavia, are charged with petit larceny. Both are accused of shoplifting from Tops Market on Wednesday.

Barbara Jean Alessi, 52, of Rand Street, Rochester, was arrested on a warrant stemming from a petit larceny charge. Alessi is accused of stealing from a business on Lewiston Road. She was taken into custody by the Rochester Police Department and turned over to the Genesee County Sheriff's Office.

Batavia police are looking for two males allegedly involved in a fight behind the board of education building on Washington Avenue.

One is described as wearing a white shirt and red shorts and the other male is reportedly wearing a blue shirt and blue jeans.

The initial call had 30 people involved in the fight. When the first police car arrived on scene, everybody took off running.

A head-on collision, with one victim complaining of chest pain, has been reported on Route 5 at Powers Road in the Town of Batavia.

The road is blocked.

East Pembroke Fire and Mercy EMS responding.

UPDATE 6;30 p.m.: A second ambulance is requested to the scene.

A tour bus returning from dropping off passengers at the Buffalo Airport broke down this morning on West Main Street at the intersection with Ellicott Street.

The call came in at 9:04 a.m. and the bus wasn't moved until after 11 a.m., causing a bit of a traffic jam for eastbound travelers.

The driver reportedly told Officer Eric Dibble that he was concerned the bus was experiencing mechanical difficulties, which is why he didn't drive on the Thruway back to Rochester.

No passengers were on the bus at the time of the breakdown.

The plans for growth are aggressive, even lofty, according to Batavia City Manager Jason Molino, but if GCEDC is successful in building the Genesee Valley Agri-Business Park to capacity, it could be a boon for Batavia's sewer system and the ratepayers who support it.

The increase in revenue could potentially allow the city to both lower rates -- already among the lowest sewer rates in Western New York -- and fund replacement of aging sewer lines.

Even though the agri-park is in the Town of Batavia, the sewer effluent flows at some point through the city to the city-operated wastewater plant. The town pays the city a fee to ship effluent from the town to the plant. Every thousand of gallons of effluent that flows to the plant will generate $2.81 for the city. (NOTE: Paragraph re-written to clarify the agreement between the town and the city.)

It would take only one O-AT-KA Milk Products-sized plant to make a huge difference, Molino said.

"If you were to see something like another O-AT-KA come in overnight, you could see a huge benefit," Molino said.

The city manager's remarks followed a special meeting of Batavia City Council where the council unanimously approved a plan to provide sewer service to the agri-business park (Councilman Bill Cox recused himself because of a potential conflict of interest).

The development of the park received a significant boost this spring when Alpina Products agreed to build a new yogurt factory on the site. Escrow on the sale of that parcel is expected to close Monday.

The sewer agreement between the city, Town of Batavia and the Genesee County Economic Development Center is key to closing the Alpina deal. 

It calls for the GCEDC, with a contribution from O-AT-KA, to use state grants to build a sewer system for the agri-business park and the O-AT-KA facility. The system would include two new pump stations -- one within the jurisdiction of the town and the other within city limits on O-AT-KA's property. The city and town would take possession of the completed pumps and sewer lines.

Just expanding capacity for O-AT-KA is a huge benefit to the city, Molino said.

"O-AT-KA is our biggest sewer user, our biggest water user," Molino said. "It is one of the largest employers in the county. It gets a larger sewer line to discharge into, so they’re not constrained anymore and they have the opportunity to grow. That infrastructure is coming to us free, no cost to the city users. The other thing is that Ellicott Street (sewer line) is going to be open now for greater growth. So we’ve got two opportunities there."

Some of the sewer lines in Batavia are up to 50 years old. 100 years old, many more are at least 50 years old. It's infrastructure that needs to be replaced pretty soon. And while the city has one of the most aggressive capital improvement projects for its sewer and water systems in the state, there is still a huge need to move quickly to replace old lines.

"To me, that’s really exciting (if the agri-park is successful), to be able to do sewer line after sewer line project, to replace aging infrastructure," Molino said. "That's really exciting."

During the council meeting, Steve Hyde, CEO of GCEDC (inset photo), told the council that the current gravity system on the Ellicott Street line, the one currently used by O-AT-KA, can only handle 500,000 gallons per year and O-AT-KA needs significantly more capacity to grow. The expansion will give O-AT-KA up to 2.5 million gallons per year of potential flow.

He said the agreement with Alpina is a huge step forward for the project and Genesee County.

"When is the last time we saw a major manufacturer come into the greater Batavia area?" Hyde said. "Maybe 40 or 50 years? We’ve seen a lot of them move out, but not too many move in. Maybe this is the start of something good for our community."

It could also be the basis for pushing forward consolidation between the town and city, one council member observed.

The joint agreement has the Town of Batavia buying sewer capacity from the city and reselling it to agri-park tenants.

The town and the city already have a joint agreement in place for processing effluent in the city's wastewater plant, but the agri-business park highlights the difference in sewer rates between the town and the city.

The town's rate is $5.35 per thousand gallons. If the city and town consolidated, town landowners, including agri-park tenants could potentially pay the city's current retail rate of $3.14 per thousand gallons.

An agri-business park plant producing 15,000 gallons per day would save nearly $12,000 annually paying the city's rate.

Regardless of the rate paid by agri-park tenants, the effluent is all flowing to the same treatment plant, and the quality and efficiency of that plant is the main reason city rates are so low, Molino said.

"That plant is a resource that I don’t think people understand," Molino said. "It’s a special plant. It’s 350 acres. It’s one of the largest lagoon plants east of the Mississippi. It doesn’t use chemical treatment. It’s natural treatment, so there’s no chemical cost. Only four people run it, seven days a week. You find me a sewer plant that has low labor costs like that, low treatment costs -- that's why our sewer rates are some of the lowest in Western New York."

Press release:

Governor Andrew M. Cuomo, the New York State Museum, and the National September 11 Memorial & Museum selected the Batavia City Centre to display one of 30 exhibitions as part of a statewide remembrance of the 10th anniversary of the Sept. 11, 2001 terrorist attacks.

The governor’s office said, “The exhibitions will give New Yorkers a place to remember the victims of September 11th and to honor the countless heroes who came from all corners of the state to help in clean-up and recovery efforts. The exhibitions will feature historical artifacts from the collections of the State Museum and National September 11 Memorial & Museum. Many of the artifacts being exhibited have never been seen by the public.”

The exhibit at the Batavia City Centre includes a Port Authority Police Car that was recovered from the World Trade Center site. The Port Authority Police Department was the first law enforcement agency to respond to the terrorist attacks.

State Assemblyman Stephen Hawley said, “This exhibit reminds us of that tragic day and how we have been able to persevere and value the freedoms we have even more every day. I would encourage everyone to view the exhibit and remember the Americans who lost their lives on September 11, 2001."

"As the 10th anniversary of September 11th approaches, we should never forget the 3,000 lives lost in the attacks. The 9/11 Memorial Exhibition at Batavia City Hall is a fitting and appropriate tribute, not only to those lives lost but also to the many first responders from across the State who rushed to the World Trade Center to serve their county and fellow Americans," said State Senator Michael H. Ranzenhofer.

City Council President Marianne Clattenburg said, “The City of Batavia is honored to have been selected to host one of the 9/11 exhibits here at City Hall. I would like to invite every resident from Genesee County and beyond to view this important artifact, as we reflect on the 10-year anniversary of the events of September 11th."

The Batavia City Centre exhibit will be on display in the corridor near city hall now until the end of September. The City Centre hours are: 8 a.m. to 6 p.m. Monday, Tuesday, Wednesday; 8 a.m. to 9 p.m. Thursday and Friday; and 8 a.m. to 5 p.m. Saturday.

Although City Centre is closed on Sundays, it will be open on Sunday, September 11th for a remembrance ceremony. The details of the September 11th ceremony will be announced.